Opinion
09-28-2016
The PEOPLE, etc., respondent, v. Mark WALLACE, appellant.
Mark Wallace, Malone, NY, appellant pro se. William V. Grady, District Attorney, Poughkeepsie, NY (Bridget Rahilly Steller of counsel), for respondent. Petito & Petito, LLP, Poughkeepsie, NY (Bruce A. Petito of counsel), former appellate counsel.
Mark Wallace, Malone, NY, appellant pro se.
William V. Grady, District Attorney, Poughkeepsie, NY (Bridget Rahilly Steller of counsel), for respondent. Petito & Petito, LLP, Poughkeepsie, NY (Bruce A. Petito of counsel), former appellate counsel.
Opinion
Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated May 13, 2015 (People v. Wallace, 128 A.D.3d 866, 7 N.Y.S.3d 610 ), affirming a judgment of the County Court, Dutchess County, rendered May 16, 2013.
ORDERED that the application is denied.
The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see Jones v. Barnes, 463 U.S. 745, 103 S.Ct. 3308, 77 L.Ed.2d 987 ; People v. Stultz, 2 N.Y.3d 277, 778 N.Y.S.2d 431, 810 N.E.2d 883 ).
CHAMBERS, J.P., HINDS–RADIX, MALTESE and DUFFY, JJ., concur.